Category: Estate Planning
Why Should I Update My Will?
September 2, 2013 | William F. HuefnerA will is not a set it and forget it document. You should revisit your will periodically. Why? Because things change. Your designated executor might die before you do. You might divorce your spouse. Or you might remarry. You could adopt children or have new children. You could have a severe falling out with an adult child. Each of these situations creates scenarios which would cause you to either need or want to make a change in your will. However, you won’t necessarily think of your will while you’re in the middle of a change or an upheaval. That’s why it’s a good idea to make a habit out of periodically reviewing your will. Most of the time, there will probably be little or nothing to change. That’s okay. The practice itself is what is important. Someday, something will change, and you’ll feel better knowing that you are on top of things. If you have a revocable living trust his periodic review also gives you a chance to add or remove assets from the trust if you wish. Of course, all of this depends on you having a reasonable estate plan in place to begin with. Some estates can be quite complex, and you will need the guidance of an experienced estate attorney…
Read MoreWhat Happens When Someone Contests a Will?
August 27, 2013 | William F. HuefnerAre you worried that your family won’t pay attention to your last wishes after you die? Contesting a will can happen, but contrary to television drama it’s not quite as common as people imagine. Your relatives can contest your will if they have reason to believe it was signed improperly. If you work with a qualified estate planning attorney this shouldn’t happen, simply because your attorney will make sure that your will is signed and witnessed in accordance with the law. Your relatives an also contest your will if you were mentally unfit in the time the will was signed. If you have Alzheimer’s or another mind-altering illness when you finally get around to doing your will you could open your will up to contest. This is why it’s so important to take care of estate planning issues as soon as possible, preferably when you are still relatively healthy and strong. Don’t wait for an accident or devastating illness. It’s counterintuitive, but the ideal time to start worrying about estate planning is when things are going well! Your relatives can also contest your will if they believe someone had undue influence over you when you wrote it. This usually happens when you write or change the will to heavily favor a caregiver. Your…
Read MoreTransporting and Spreading of Cremated Remains
August 23, 2013 | Joan M. QuadeCremation has become a common and popular method of putting our loved ones to rest. More and more of us are requesting that our remains be spread in a place with meaning for us or our family, or in exotic places. In practicing law for over 25 years, I have been asked many times by clients, friends and relatives about the law related to the spreading of ashes. It is important to understand the law governing the transportation of and spreading of cremated remains in order to avoid the pitfalls. While Minnesota has some specific laws in this regard, there are not many. Minn. Stat. § 149A.96, subd. 9, entitled “Cremated Remains” provides: Subject to section 149A.95, subdivision 16, inurnment of the cremated remains and release to an appropriate party is considered final disposition and no further permits or authorizations are required for disinterment, transportation, or placement of the cremated remains.” Minn. Stat. § 149A.95, Subd. 16. Disposition procedures; commingling of cremated remains prohibited: “No cremated remains shall be disposed of or scattered in a manner or in a location where the cremated remains are commingled with those of another person without the express written permission of the person with the legal right to control disposition or as otherwise provided by law. This…
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